Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia
The goal of resolving disagreements amicably has been emphasized in numerous Islamic legal texts. Since 2001, the Malaysian Shariah Court has offered mediation, or sulh, as a form of alternative conflict resolution. Sulh aspires to end the ongoing hostilities and restore peace between the parties. T...
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| Format: | Article |
| Language: | Arabic |
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Istanbul University Press
2024-12-01
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| Series: | Darulfunun Ilahiyat |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/52200FF5B0BA4B88826CBA6AF846125C |
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| author | Ahmad Mukhlis Mansor |
| author_facet | Ahmad Mukhlis Mansor |
| author_sort | Ahmad Mukhlis Mansor |
| collection | DOAJ |
| description | The goal of resolving disagreements amicably has been emphasized in numerous Islamic legal texts. Since 2001, the Malaysian Shariah Court has offered mediation, or sulh, as a form of alternative conflict resolution. Sulh aspires to end the ongoing hostilities and restore peace between the parties. The COVID-19 pandemic has affected the marital system among the Muslim community in Malaysia, leading to the practice of online sulh besides the normal face-to-face sulh, particularly in child custody dispute situations. The study employs a combination of library-based, qualitative research approaches and interviews with the sulh officers. This article explores the legislative framework and the implementation of sulh or mediation in the Syariah Court, with a particular emphasis on cases involving child custody issues. The study revealed that mediation is a suitable means of resolving family disputes, particularly the hadhanah or child custody disputes. Apart from that organized legislation, rules, and regulations make the implementation of mediation neat and orderly. |
| format | Article |
| id | doaj-art-e983d884e12b447eac07016493a3dccc |
| institution | OA Journals |
| issn | 2651-5083 |
| language | Arabic |
| publishDate | 2024-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Darulfunun Ilahiyat |
| spelling | doaj-art-e983d884e12b447eac07016493a3dccc2025-08-20T01:51:07ZaraIstanbul University PressDarulfunun Ilahiyat2651-50832024-12-0135212314710.26650/di.2024.35.3.1430075123456Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of MalaysiaAhmad Mukhlis Mansorhttps://orcid.org/0009-0007-3880-3916The goal of resolving disagreements amicably has been emphasized in numerous Islamic legal texts. Since 2001, the Malaysian Shariah Court has offered mediation, or sulh, as a form of alternative conflict resolution. Sulh aspires to end the ongoing hostilities and restore peace between the parties. The COVID-19 pandemic has affected the marital system among the Muslim community in Malaysia, leading to the practice of online sulh besides the normal face-to-face sulh, particularly in child custody dispute situations. The study employs a combination of library-based, qualitative research approaches and interviews with the sulh officers. This article explores the legislative framework and the implementation of sulh or mediation in the Syariah Court, with a particular emphasis on cases involving child custody issues. The study revealed that mediation is a suitable means of resolving family disputes, particularly the hadhanah or child custody disputes. Apart from that organized legislation, rules, and regulations make the implementation of mediation neat and orderly.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/52200FF5B0BA4B88826CBA6AF846125Csulhchild custody dispute (hadhanah)syariah courtmediationadr |
| spellingShingle | Ahmad Mukhlis Mansor Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia Darulfunun Ilahiyat sulh child custody dispute (hadhanah) syariah court mediation adr |
| title | Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia |
| title_full | Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia |
| title_fullStr | Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia |
| title_full_unstemmed | Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia |
| title_short | Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia |
| title_sort | legal framework and implementation of mediation in child custody disputes at the syariah court of malaysia |
| topic | sulh child custody dispute (hadhanah) syariah court mediation adr |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/52200FF5B0BA4B88826CBA6AF846125C |
| work_keys_str_mv | AT ahmadmukhlismansor legalframeworkandimplementationofmediationinchildcustodydisputesatthesyariahcourtofmalaysia |